Western Australian Consolidated Acts Western Australian Consolidated Acts (1) Where on the
hearing of any prosecution for an offence under this Act the court records a
finding to the effect that the accused has satisfied the court
that —
(a)
being an agent or servant, he had acted without knowledge, and could not
reasonably be expected to have known, that any provision of this Act had been
contravened or had not been complied with; or
(b)
being a principal or employer, he had used due diligence to enforce the
execution of this Act and that without his connivance or consent and in
contravention of his orders the provisions of this Act were contravened or not
complied with by his agent or servant,
whether or not any
other person has been convicted or punished in relation to the same matter,
the accused may recover in any court of competent jurisdiction from any person
directly responsible for the contravention of, or failure to comply with,
those provisions, the amount of any pecuniary penalty imposed on his
conviction and any other charges or other expenses ordered to be paid upon his
conviction and paid or payable by him in or in relation to his defence to the
prosecution.
(2) Where a person
satisfies the court in accordance with the provisions of subsection (1),
the court may if it thinks fit suspend the operation of the conviction for any
period not exceeding 3 months to enable the accused to effect such
recovery.
[Section 74 amended by No. 84 of 2004
s. 82.]